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Reasons
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(영문) 수원지방법원 2018.11.20 2018고단5106
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptop clopty (one philopopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. On July 22, 2018, the Defendant: (a) around 07:10 on July 22, 2018, 2018, the Defendant: (b) called “E” entertainment place where the Defendant in Gangnam-gu Seoul Metropolitan Government D used to contact the seller of philopon G, H (FIDI”, and the conversation name “J” to purchase philopon; (c) remitted 400,000 won to the bank account (K) designated by the said G, etc.; and (d) purchased philopon by finding approximately 0.5 g of philopon, which the said G, etc. was hidden in advance, around the same day; and (d) purchased 300,000 won in total from 4 occasions, such as attached Table 1 to August 2, 2018.

Accordingly, the defendant purchased and sold philophones respectively.

2. Around July 22, 2018, the Defendant administered approximately 0.5 g of phiphones in total on five occasions during the period from around July 22, 2018 to around August 21, 2018, in the Defendant’s residence located in Gangnam-gu Seoul apartment 102 Dong 102 and Dong 102 of the Gangnam-gu Seoul Metropolitan Government Ma, and the Defendant administered approximately 0.1g of phiphones in a coffee.

Accordingly, the Defendant administered philophones, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph of each of the contents of a conversation;

1. Protocol and list of seizure;

1. Notification and appraisal of the results of legal and chemical appraisal, and notification of the results of legal and chemical appraisal (absent - both sides) applying Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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